Domestic Sanctions and the Greek Maize Obligation to Impose Effective, Proportionate and Dissuasive Penalties: Empowering National Courts

The chapter discusses the evolution of the Greek Maize obligation, under which Member States are required to adopt effective, proportionate and dissuasive penalties with a view to tackling violations of EU law. The analysis delves into the recent CJEU case law, according to which the requirement of proportionality enjoys direct effect and leads to the duty to disapply plainly disproportionate national sanctions. It is contended that this duty is in line with the need to craft domestic legal orders in adherence with key principles that are common to all constitutional traditions.